II Ka 987/21
AI generated
Court dismissed defense appeal on excessive sentence, upholding original penalty for aggravated theft.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's partial appeal regarding the excessive sentence imposed for aggravated theft. The defendant argued the penalty was disproportionately high, but the court found no evidence of such disproportionality given the specific circumstances of the crime. Consequently, the original judgment was upheld in full, and the defendant was ordered to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 4 k.p.k.; Art. 636 § 1 k.p.k.: The court rejected the claim of excessive punishment when the penalty is proportionate to the gravity of the offense and the circumstances of the case.
Keywords
AI generated
excessive sentence
aggravated theft
proportionality principle
criminal appeal
court costs
Cited Legislation
AI generatedArt. 438 pkt 4 k.p.k.
Art. 636 § 1 k.p.k.
Art. 634 k.p.k.
Art. 626 § 1 k.p.k.
Art. 627 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
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